Bonelli v. Asset Acceptance, LLC

Filing 38

MINUTE ORDER denying plaintiff's Request 21 to strike Declaration of James Oleksik 20 and portions of deft's response 18 that reference efforts to schedule a settlement conference and/or pro bono mediation; denying plaintiff's 11 Motion for Summary Judgment by Judge Thomas S. Zilly. (PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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DAVID BONELLI,

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Plaintiff,
C14-1795 TSZ
v.
MINUTE ORDER
ASSET ACCEPTANCE, LLC,

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Defendant.
The following Minute Order is made by direction of the Court, the Honorable
Thomas S. Zilly, United States District Judge:

(1)
Plaintiff’s request, see Reply (docket no. 21), to strike the Declaration of
14 James Oleksik, docket no. 20, and the portions of defendant’s response, docket no. 18,
that reference efforts to schedule a settlement conference and/or pro bono mediation is
15 DENIED. Mr. Oleksik’s declaration concerns information within defendant’s business
records and sets forth facts that would be admissible in evidence, assuming the proper
16 foundation was laid at trial. Defendant’s references to the parties’ attempts to settle this
matter do not disclose evidence barred by Federal Rule of Evidence 408, but rather aim to
17 explain why discovery has been delayed and why defendant seeks to have plaintiff’s
motion for summary judgment denied or deferred pursuant to Federal Rule of Civil
18 Procedure 56(d).
(2)
Plaintiff’s motion for summary judgment, docket no. 11, is DENIED.
Genuine disputes of material fact exist regarding whether plaintiff has an outstanding
20 debt “charged off” by Washington Mutual Bank in 2010 (after its assets and liabilities
were acquired by JPMorgan Chase Bank) and sold to other entities, whether defendant
21 now owns the debt, and whether defendant violated any provision of federal or state law
in attempting to collect on the debt. The Consent Order submitted by plaintiff as
22 supplemental authority, docket no. 31, does not establish any wrongdoing on the part of
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MINUTE ORDER - 1

1 defendant Asset Acceptance, LLC, which might qualify as a “Debt Buyer” under the
Consent Order; rather, the Consent Order recites findings and orders relating to the unfair
2 and fraudulent practices of “Respondents” Chase Bank USA, N.A. and Chase BankCard
Services, Inc. (“Chase”) in connection with credit card debts. The Court makes no ruling
3 concerning the effect of the Consent Order on the validity of the underlying debt that was
purchased by defendant.
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(3)
The Clerk is directed to send a copy of this Minute Order to all counsel of
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Dated this 21st day of August, 2015.
William M. McCool
Clerk

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s/Karen Dews
Deputy Clerk

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MINUTE ORDER - 2